The people's procuratorate shall make a decision on the case transferred for prosecution by the public security organ within 1 month, and the major and complicated cases may be extended by half a month. If the people's procuratorate examines and prosecutes a case and changes its jurisdiction, the time limit for examination and prosecution shall be counted from the date when the changed people's procuratorate receives the case.
There are two conditions for the people's procuratorate to initiate a public prosecution: first, the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient; Second, criminal responsibility should be investigated according to law.
How does the procuratorate review and prosecute?
1, review and prosecute
Review and prosecution is an important litigation activity, which is in the middle of the whole criminal procedure. In order to ensure the smooth progress of examination and prosecution, the specific methods and steps of examination and prosecution shall meet the following requirements:
The people's procuratorates at all levels shall examine and prosecute cases in accordance with the jurisdiction of the people's courts. When a people's procuratorate accepts a case transferred for examination and prosecution, it shall, with the approval of the procurator-general, appoint a procurator or an assistant procurator to represent the procuratorial work, or it may be handled by the procurator-general.
2, review the case file materials
After receiving the case, the case-handling personnel shall promptly review whether the case materials transferred by the public security organ or the criminal investigation department are complete, and whether there are legal documents such as the Prosecution Opinion and evidence materials. For example, if the suspect has been detained, arrested or searched, check whether there is a search warrant, detention warrant or arrest warrant. Then carefully read the prosecution opinion, understand the criminal facts, circumstances, criminal nature and charges of the criminal suspect and the reasons for requesting prosecution, carefully review the evidence materials in the case file, and review them one by one according to the five contents of legal review and prosecution. If you find any questions, you can ask the investigators. Carefully review the documents and make marking records.
3. Interrogate the suspect
Interrogating a criminal suspect is a necessary procedure for the people's procuratorate to examine and prosecute. This is necessary for the people's procuratorate to verify the evidence, correctly identify the facts of the case and supervise the legality of investigation activities. Interrogating a criminal suspect also helps to directly understand the criminal suspect's mental state and repentance attitude, provide him with an opportunity to defend himself and listen to his reasons. Therefore, interrogating criminal suspects is of great significance and must be carried out according to law.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 162 When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, and write a prosecution opinion, which shall be transferred to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.
Article 174 If a people's procuratorate considers that the criminal facts of a criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, institute a public prosecution in a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court.